The rear tailgates in 2002 through 2005 model year Ford Explorers, Mercury Mountaineers and Lincoln Aviators suffer from a defect that causes them to crack, according to a federal class action lawsuit against Ford Motor Company.
Plaintiffs allege in the Ford class action lawsuit that Ford knew, or should have known, about the defective tailgates because it received thousands of complaints about the defect, but has failed and refuses to recall the vehicles to fix the problem. The tailgate defect in these Ford vehicles not only causes them to crack, but it also poses a safety risk to drivers and diminishes the vehicle’s value, says the class action.
The Ford defective rear tailgate class action lawsuit is brought on behalf of all current and former owners or lessees of a 2002 through 2005 Ford Explorer, Mercury Mountaineer or Lincoln Aviator residing in the United States. It also includes the following proposed subclasses:
(I) All original owners and lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(II) All original owners and lessees of these vehicles who have not yet repaired or paid another person to repair a damaged rear tailgate.
(III) All subsequent owners or lessees of these vehicles that repaired or paid someone else to repair a damaged rear tailgate.
(IV) All subsequent owners or lessees of these vehicles who did not repair or pay someone else to repair a damaged rear tailgate.
The Ford cracked tailgate class action lawsuit is alleging violation of the Magnuson-Moss Warranty Act for failing to remedy the defective rear tailgate in the Class vehicles within a reasonable time and without charge; unfair competition for concealing the known defects; breach of express warranty for failing to repair the vehicles under warranty; and more.
It is seeking class certification, restitution, injunctive relief, attorneys’ fees and costs, and other relief.
A copy of the Ford Explorer, Mercury Mountaineer & Lincoln Aviator Defective Tailgate Class Action Lawsuit can be read here.
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